20 C.F.R. § 416.1325

Suspension due to status as a resident of a public institution

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(a) Except as provided in § 416.211 (b) and (c), a recipient is ineligible for benefits for the first full calendar month in which he or she is a resident of a public institution (as defined in § 416.201) throughout the calendar month (as defined in § 416.211(a)), and payments are suspended effective with such first full month. Such ineligibility continues for so long as such individual remains a resident of a public institution.

(b) Resumption of payments. If benefits are otherwise payable, they will be resumed effective with the earliest day of the month in which a recipient is no longer a resident of a public institution. See § 416.421. A transfer from one public institution to another or a temporary absence from the institution lasting 14 days or less, however, will not change his or her status as a resident, and the suspension will continue.

[51 FR 13494, Apr. 21, 1986]

Notes of Decisions

Cited in 26 cases (12 in the last 5 years), 1998–2026 · leading case: Stubbs-Danielson v. Astrue, 539 F.3d 1169 (9th Cir. 2008).

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Stubbs-Danielson v. Astrue, 539 F.3d 1169 (9th Cir. 2008). · cites it 2× “See 20 C.F.R. §§ 416.1325 , 416.1335. While the regulations provide for the resumption of suspended benefits upon an otherwise eligible recipient’s release from custody, see 20 C.”

Brennan v. Astrue, 501 F. Supp. 2d 1303 (D. Kan. 2007). · cites it 2× “20 C.F.R. § 416.1325 . Benefits for which payments have been suspended will be resumed “effective with the earliest day of the month in which a recipient is no longer a resident of a public institution.”

Bonner v. Astrue, 725 F. Supp. 2d 898 (C.D. Cal. 2010). · cites it 4× “2008); 20 C.F.R. §§ 416.1325 , 416.1335; see also Brennan v.”

Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Comm'r of the Soc. Sec. Admin., Defendant-Appellee, 134 F.3d 1177 (2d Cir. 1998). “See 20 C.F.R. § 416.1325 (providing for suspension of benefits to a recipient who is a resident of a “public institution”); 20 C.”

Clark v. Comm Soc. Sec., 206 F. App'x 211 (3rd Cir. 2006). “Clark was then incarcerated from January 2001 to September 2002, which made him ineligible for benefits under 20 C.F.R. § 416.1325 , for the period of time that he was incarcerated.”

Mayes v. Soc. Sec. Admin., 190 F. App'x 183 (3rd Cir. 2006). “See 20 C.F.R. §§ 416.1325 ,1335. Because we conclude that the ALJ’s decision is supported by substantial evidence, we will affirm the judgment of the District Court.”

Olsen v. Astrue, 858 F. Supp. 2d 1306 (M.D. Fla. 2012). “See 20 C.F.R. § 416.1325 . On October 30, 2003, Plaintiff was incarcerated at the Flagler County Jail, where he remained until he was sentenced after he was found guilty of a felony offense (Tr.”

Andrew Slabon v. Nancy A. Berryhill (7th Cir. 2019). · cites it 2× “§ 402 (x) (“no monthly benefits shall be paid … to any individual … while such individual … is confined in a jail”) and 20 C.F.R. § 416.1325 . Although the agency’s usual practice is to send notice of suspension to a recipient at the place of incarceration, it sent Slabon’s…”

Harris v. Comm'r of Soc. Sec. (S.D. Ohio 2020). · cites it 2× “See 20 C.F.R. § 416.1325 (a). Yet SSI eligibility is not suspended forever.”

Nellom v. Panckeri (E.D. Pa. 2024). · cites it 2× “Citing one of the regulations that the Court of Appeals mentions in its decision ( 20 C.F.R. § 416.1325 ), Mr. Nellom asserts in his Complaint that the named Defendants—several employees of the Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Disability…”

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